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Home > Issues > Environmental > Other Environmental Issues > Cooling Water Intake Structures |
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Cooling Water Intake StructuresSection 316(b) of the Clean Water Act requires EPA to ensure that the location, design, construction, and capacity of cooling water intake structures reflect the Best Technology Available (BTA) for minimizing Adverse Environmental Impact (AEI). In the past, the 316(b) provision has been implemented on a site-by-site basis by the states, without federal standards. As a result of a lawsuit, EPA is now developing regulations. The regulations are in three phases: Phase I - New Facilities; Phase II - Existing Large Capacity Power Generators; Phase III - Existing Small Power Generators & Manufacturers (including refineries and petrochemical plants). The regulations apply to water-intake structures - not the discharge. These structures can cause injury or death to fish or other aquatic organisms by entrainment or impingement. Once-through cooling water systems cause the greatest concern.On December 18, 2001, EPA published the final rule governing cooling water intake structures for new facilities. It provides two possible paths for compliance. The first track requires compliance with default technologies, such as a re-circulating system using cooling towers (as opposed to a once-through system). The second track would utilize a site-specific study to determine suitable controls. The rule authorizes permitting agencies to establish requirements for intake structures based on Best Professional Judgment (BPJ). EPA asserts that even intake structures exempted from the categorical standards (because they withdraw less than two million gallons per day or because less than 25% of the water withdrawn is used for cooling purposes) are still subject to BPJ in their NPDES permits. The Phase II rule was proposed on April 9, 2002, and was signed by the Administrator as a final rule on February 16, 2004. Under an agreement between EPA and Riverkeeper, Inc., the Phase III rule (for existing manufacturing facilities) is to be proposed by November 1, 2004, and issued as final by June 1, 2006. NPRA has participated in a coalition to present industry's viewpoint on the issue. EPA announced in August 2002 that it would convene a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel to provide input on potential impacts of the Phase III rule on small businesses. The SBREFA panel was convened in February 2004. The panel was to produce a report by late April 2004. Click here for additional information from the EPA web site Additional information on this issue for NPRA members can be found at |